PUBLIC LAW 99-198—DEC. 23, 1985 99 STAT. 1399

shall be reduced by the quantity on which any disaster payment is
made to the producer for the crop under paragraph (2).

"(H) The Secretary may pay not more than 5 percent of the total
amount of a payment made under this paragraph in the form of feed
grains. The use of feed grains in making payments to producers
shall be subject to a determination by the Secretary of the effect
that such in-kind payments will have on market prices for any
commodity. The Secretary shall report such determination to the
Committee on Agriculture of the House of Representatives and the
Committee on Agriculture, Nutrition, and Forestry of the Senate.
"(I)'As used in this paragraph, the term 'nonprogram crop' means
any agricultural commodity other than wheat, feed grains, upland
cotton, extra long staple cotton, rice, or soybeans.

"(2)(A)(i) Except as provided in subparagraph (C), if the Secretary
determines that the producers on a farm are prevented from plant-
ing any portion of the acreage intended for feed grains to feed grains
or other nonconserving crops because of drought, flood, or other
natural disaster, or other condition beyond the control of the
producers, the Secretary shall make a prevented planting disaster
payment to the producers in an amount equal to the product
obtained by multiplying—

"(I) the number of acres so affected but not to exceed the
acreage planted to feed grains for harvest (including any acre-
age that the producers were prevented from planting to feed
grains or other nonconserving crops in lieu of feed grains
because of drought, flood, or other natural disaster, or other
condition beyond the control of the producers) in the imme-
diately preceding year; by

"(II) 75 percent of the farm program payment yield estab-
lished by the Secretary; by

"(111) a payment rate equal to 33 Vs percent of the established
price for the crop.

"(ii) Payments made by the Secretary under this subparagraph
may be made in the form of cash or from stocks of feed grains held
by the Commodity Credit Corporation.

"(B) Except as provided in subparagraph (C), if the Secretary
determines that because of drought, flood, or other natural disaster,
or other condition beyond the control of the producers, the total
quantity of feed grains that the producers are able to harvest on any
farm is less than the result of multiplying 60 percent of the farm
program payment yield established by the Secretary for such crop
by the acreage planted for harvest for such crop, the Secretary shall
make a reduced yield disaster payment to the producers at a rate
equal to 50 percent of the established price for the crop for the
deficiency in production below 60 percent for the crop.

"(C) Producers on a farm shall not be eligible for— Prohibition.

"(i) prevented planting disaster payments under subpara-
graph (A), if prevented planting crop insurance is available to
the producers under the Federal Crop Insurance Act (7 U.S.C.
1501 et seq.) with respect to the feed grain acreage of the
producers; or

"(ii) reduced yield disaster payments under subparagraph (B),
if reduced yield crop insurance is available to the producers
under such Act with respect to the feed grain acreage of the
producers.

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